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Hadith 35251
Yahya said that Malik related from Ibn Shihab from Salim ibn
Abdullah ibn Umar from his father that Umar ibn al-Khattab said,
"What's the matter with men who have intercourse with their slave-
girls and then dismiss them? No slave-girl comes to me whose master
confesses that he has had intercourse with her but that I connect her
child to him, whether or not he has practised coitus interruptus or
stopped having intercourse with her."
Muwatta Malik Book 36, Hadith 35
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Yahya said that he heard Malik say, "The way of doing things
generally agreed upon in our community in the case of a man who dies
and has sons and one of them claims, 'My father confirmed that so-and-
so was his son,' is that the relationship is not established by the
testimony of one man, and the confirmation of the one who confirmed it
is only permitted as regards his own share in the division of his
father's property. The one testified for is only given his due from
the share of the testifier."
Malik said, "An example of this
is that a man dies leaving two sons, and 600 dinars. Each of them
takes 300 dinars. Then one of them testifies that his deceased father
confirmed that so-and-so was his son. The one who testifies is obliged
to give 100 dinars to the one thus connected. This is half of the
inheritance of the one thought to be related, had he been related. If
the other confirms him, he takes the other 100 and so he completes his
right and his relationship is established. His position is similar to
that of a woman who confirms a debt against her father or her husband
and the other heirs deny it. She must pay to the person whose debt she
confirms, the amount according to her share of the full debt, had it
been confirmed against all the heirs. If the woman inherits an eighth,
she pays the creditor an eighth of his debt. If a daughter inherits a
half, she pays the creditor half of his debt. Whichever women confirm
him, pay him according to this.
Malik said, "If a man's
testimony is in agreement with what the woman testified to, that so-
and-so had a debt against his father, the creditor is made to take an
oath with one witness and he is given all his due. This is not the
position with women because a man's testimony is allowed and the
creditor must take an oath with the testimony of his witness, and take
all his due. If he does not take an oath, he only takes from the
inheritance of the one who confirmed him according to his share of the
debt, because he confirmed his right and the other heirs denied it. It
is permitted for him to confirm it." Muwatta Malik Book 36, Hadith 34
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Malik related to me from Nafi that Safiyya bint Abi Ubayd
informed him that Umar ibn al-Khattab said, "What is the matter with
men who have intercourse with their slave-girls and then leave them to
go? No slave-girl comes to me whose master confesses that he has had
intercourse with her but that I connect her child to him, whether or
not he has practised coitus interruptus or left off from intercourse
with her."
Yahya said that he heard Malik say, "What is done
in our community about an umm walad who commits a crime is that her
master is liable for what she has done up to her value. He does not
have to surrender her, and he cannot be made to bear more than her
value for her crime." Muwatta Malik Book 36, Hadith 36